Federal Implementation Plans for the Clean Air Interstate Rule: Automatic Withdrawal Provisions, 62338-62357 [E7-20849]

Agencies

• ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 72, Number 212 (Friday, November 2, 2007)]
[Rules and Regulations]
[Pages 62338-62357]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-20849]



[[Page 62337]]

-----------------------------------------------------------------------

Part III





Environmental Protection Agency





-----------------------------------------------------------------------



40 CFR Part 52



Federal Implementation Plans for the Clean Air Interstate Rule: 
Automatic Withdrawal Provisions; Final Rule

Federal Register / Vol. 72, No. 212 / Friday, November 2, 2007 / 
Rules and Regulations

[[Page 62338]]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-HQ-0AR-2007-0510; FRL-8485-7]


Federal Implementation Plans for the Clean Air Interstate Rule: 
Automatic Withdrawal Provisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

-----------------------------------------------------------------------

SUMMARY: EPA is taking direct final action to amend the Federal 
Implementation Plans (FIPs) for the Clean Air Interstate Rule (CAIR) to 
provide for automatic withdrawal of the CAIR FIPs in a State upon the 
effective date of EPA's approval of a full State implementation plan 
(SIP) revision meeting the CAIR requirements. All CAIR States are 
required to revise their SIPs to include control measures to reduce the 
emissions of nitrogen oxides (NOX) and/or sulfur dioxide 
(SO2). The EPA issued the CAIR FIPs on April 28, 2006 as a 
backstop to implement the CAIR in each CAIR State until that State has 
an EPA-approved CAIR SIP in place to achieve the required reductions. 
In the FIP rulemaking, EPA stated it would withdraw the FIPs in a State 
in coordination with the approval of the CAIR SIP for that State.
    In this action EPA makes the FIP withdrawal in a State automatic 
upon approval of the State's full CAIR SIP and to the extent of that 
approval. EPA believes it is appropriate for the FIP withdrawal to be 
automatic because to the extent EPA approves the State's full CAIR SIP, 
this corrects that deficiency that provided the basis for EPA's 
promulgation of the FIPs in that State.

DATES: The direct final rule is effective on January 16, 2008 without 
further notice, unless EPA receives adverse comment by December 17, 
2007. If EPA receives adverse comment, we will publish a timely 
withdrawal in the Federal Register informing the public that the rule 
will not take effect.
    Public Hearing: If anyone contacts EPA requesting to speak at a 
public hearing by November 13, 2007, EPA will hold a public hearing on 
November 19, 2007 in Research Triangle Park, North Carolina.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2007-0510, by one of the following methods:
     https://www.regulations.gov: Follow the on-line 
instructions for submitting comments.
     E-mail: a-and-r-Docket@epa.gov. Attention Docket ID No. 
EPA-HQ-OAR-2007-0510.
     Fax: (202) 566-9744. Attention Docket ID No. EPA-HQ-OAR-
2007-0510.
     Mail: EPA Docket Center, EPA West (Air Docket), Attention 
Docket ID No. EPA-HQ-OAR-2007-0510, Environmental Protection Agency, 
Mailcode: 6102T, 1200 Pennsylvania Ave., NW., Washington, DC 20460.
     Hand Delivery: EPA Docket Center (Air Docket), Attention 
Docket ID No. EPA-HQ-OAR-2007-0510, Environmental Protection Agency, 
1301 Constitution Avenue, NW., Room 3334; Washington, DC. Such 
deliveries are only accepted during the Docket's normal hours of 
operation, and special arrangements should be made for deliveries of 
boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-HQ-OAR-
2007-0510. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
https://www.regulations.gov, including any personal information 
provided, unless the comment includes information claimed to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Do not submit information that you 
consider to be CBI or otherwise protected through www.regulations.gov 
or e-mail. The https://www.regulations.gov Web site is an ``anonymous 
access'' system, which means EPA will not know your identity or contact 
information unless you provide it in the body of your comment. If you 
send an e-mail comment directly to EPA without going through 
www.regulations.gov your e-mail address will be automatically captured 
and included as part of the comment that is placed in the public docket 
and made available on the Internet. If you submit an electronic 
comment, EPA recommends that you include your name and other contact 
information in the body of your comment and with any disk or CD-ROM you 
submit. If EPA cannot read your comment due to technical difficulties 
and cannot contact you for clarification, EPA may not be able to 
consider your comment. Electronic files should avoid the use of special 
characters and any form of encryption, and be free of any defects or 
viruses. For additional information about EPA's public docket visit the 
EPA Docket Center homepage at https://www.epa.gov/epahome/dockets.htm.
    Docket: All documents in the docket are listed in the https://
www.regulations.gov index. Although listed in the index, some 
information is not publicly available, e.g., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, will be publicly available only in hard copy. 
Publicly available docket materials are available either electronically 
in https://www.regulations.gov or in hard copy at the EPA Docket Center, 
EPA/DC, EPA West, Room 3334, 1301 Constitution Ave., NW., Washington, 
DC. The Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday 
through Friday, excluding legal holidays. The telephone number for the 
Public Reading Room is (202) 566-1744, and the telephone number for the 
EPA Docket Center is (202) 566-1742.
    Rulemaking actions related to the CAIR and the CAIR FIPs are also 
available at the EPA's CAIR Web site at https://www.epa.gov/cair.

FOR FURTHER INFORMATION CONTACT: Carla Oldham, Air Quality Planning 
Division, Office of Air Quality Planning and Standards, mail code C539-
04, Environmental Protection Agency, Research Triangle Park, North 
Carolina 27711; telephone number: 919-541-3347; fax number: 919-541-
0824; e-mail address: oldham.carla@epa.gov.

SUPPLEMENTARY INFORMATION: 

Outline

I. Why Is EPA Using a Direct Final Rule?
II. Does This Action Apply to Me?
III. What Should I Consider As I Prepare My Comments?
IV. What Are the Details for the Potential Public Hearing?
V. Availability of Related Information
VI. What Is the Background for This Action?
VII. What Is This Direct Final Rule?
VIII. Statutory and Executive Order Reviews
    A. Executive Order 12866: Regulatory Planning and Review
    B. Paperwork Reduction Act
    C. Regulatory Flexibility Act
    D. Unfunded Mandates Reform Act
    E. Executive Order 13132: Federalism
    F. Executive Order 13175: Consultation and Coordination With 
Indian Tribal Governments
    G. Executive Order 13045: Protection of Children From 
Environmental Health and Safety Risks
    H. Executive Order 13211: Actions That Significantly Affect 
Energy Supply, Distribution, or Use
    I. National Technology Transfer Advancement Act
    J. Executive Order 12898: Federal Actions To Address 
Environmental Justice in Minority Populations and Low-Income 
Populations
    K. Congressional Review Act
    L. Judicial Review

[[Page 62339]]

I. Why Is EPA Using a Direct Final Rule?

    EPA is publishing this rule without a prior proposed rule because 
we view this as a noncontroversial action and anticipate no adverse 
comment. Under this rule, the CAIR FIPs in a given State will be 
automatically withdrawn when, and to the extent, EPA approves a full 
CAIR SIP for that State. The FIP will not be withdrawn until the 
State's full CAIR SIP is effective. EPA's authority to promulgate the 
CAIR FIPs was based on EPA's prior findings that the existing SIPs did 
not adequately address interstate transport (71 FR 25328, 25338; April 
28, 2006). To the extent the full CAIR SIP is approved for a given 
State, this corrects this deficiency and thus eliminates the basis for 
the FIPs for that State. Therefore, EPA believes that, following the 
approval of the full CAIR SIP, the Agency must withdraw the FIPs to the 
extent of the approval. Further, in the rulemaking promulgating the 
CAIR FIPs, EPA provided public notice that the withdrawal of the FIPs 
would be a necessary consequence of the SIP approval. Id. at 25340. 
Nonetheless, in the ``Proposed Rules'' section of this Federal 
Register, we are publishing a separate document that will serve as the 
proposed rule for this FIP withdrawal final rule action if relevant 
adverse comments are received on this direct final rule. We will not 
institute a second comment period on this action. Any parties 
interested in commenting on that parallel proposal must do so at this 
time. For further information about commenting on this rule, see the 
ADDRESSES section of this document.
    If EPA receives adverse comment, we will publish a timely 
withdrawal in the Federal Register informing the public that this 
direct final rule will not take effect. We would address all public 
comments in any subsequent final rule based on the proposed rule.

II. Does This Action Apply to Me?

    This action does not impose any control requirements. It amends the 
CAIR FIPs to provide for automatic withdrawal of the CAIR FIPs in a 
State upon the effective date of EPA's approval of the CAIR SIP for the 
State. EPA promulgated the CAIR FIPs on April 28, 2006 (71 FR 25328). 
Categories and entities potentially regulated by the CAIR FIPs include 
the following:

------------------------------------------------------------------------
                                        NAICS    Examples of potentially
              Category                 code \1\     regulated entities
------------------------------------------------------------------------
Industry............................     221112  Fossil fuel-fired
                                                  electric utility steam
                                                  generating units.
Federal government..................        \2\  Fossil fuel-fired
                                         221122   electric utility steam
                                                  generating units owned
                                                  by the Federal
                                                  government.
State/local/Tribal government.......        \2\  Fossil fuel-fired
                                         221122   electric utility steam
                                                  generating units owned
                                                  by municipalities.
                                         921150  Fossil fuel-fired
                                                  electric utility steam
                                                  generating units in
                                                  Indian Country.
------------------------------------------------------------------------
\1\ North American Industry Classification System.
\2\ Federal, State, or local government-owned and operated
  establishments are classified according to the activity in which they
  are engaged.

    This table is not intended to be exhaustive, but rather provides a 
guide for readers regarding entities likely to be regulated by the CAIR 
FIPs. To determine whether your facility is affected by the CAIR FIPs, 
you should examine the definitions and applicability criteria in 40 CFR 
97.102, 97.104, 97.105, 97.202, 97.204, 97.205, 97.302, 97.304, and 
97.305. If you have any questions regarding the applicability of the 
CAIR FIPs to a particular entity, consult the person listed in the 
preceding section under FOR FURTHER INFORMATION CONTACT.

III. What Should I Consider as I Prepare My Comments?

A. Submitting CBI

    Do not submit this information to EPA through www.regulations.gov 
or e-mail. Clearly mark the part or all of the information that you 
claim to be CBI. For CBI information in a disk or CD-ROM that you mail 
to EPA, mark the outside of the disk or CD-ROM as CBI and then identify 
electronically within the disk or CD-ROM the specific information that 
is claimed as CBI. In addition to one complete version of the comment 
that includes information claimed as CBI, a copy of the comment that 
does not contain the information claimed as CBI must be submitted for 
inclusion in the public docket. Information so marked will not be 
disclosed except in accordance with procedures set forth in 40 CFR part 
2.

B. Tips for Preparing Your Comments

    When submitting comments, remember to:
     Identify the rulemaking by docket number and other 
identifying information (subject heading, Federal Register date and 
page number).
     Follow directions--The agency may ask you to respond to 
specific questions or organize comments by referencing a Code of 
Federal Regulations (CFR) part or section number.
     Explain why you agree or disagree; suggest alternatives 
and substitute language for your requested changes.
     Describe any assumptions and provide any technical 
information and/or data that you used.
     If you estimate potential costs or burdens, explain how 
you arrived at your estimate in sufficient detail to allow for it to be 
reproduced.
     Provide specific examples to illustrate your concerns, and 
suggest alternatives.
     Explain your views as clearly as possible, avoiding the 
use of profanity or personal threats.
     Make sure to submit your comments by the comment period 
deadline identified.

IV. What Are the Details for the Potential Public Hearing?

    If anyone contacts EPA by November 13, 2007, requesting to speak at 
a public hearing on this action, EPA will hold a public hearing on 
November 19, 2007 in Research Triangle Park, North Carolina. The EPA 
will not hold a hearing if one is not requested. Please check EPA's Web 
page at www.epa.gov/cair on November 14, 2007 for the announcement of 
whether the hearing will be held.
    If there is a public hearing, it will be held at the EPA, Building 
C, 109 T.W. Alexander Drive, Research Triangle Park, North Carolina, 
27709; the room number will be announced on the CAIR Web site at 
www.epa.gov/cair. Because this is a U.S. government facility, everyone 
planning to attend the public hearing, if one is held, should be 
prepared to show valid picture identification to the security staff in 
order to gain access to the meeting room. If held, the public hearing 
will begin at 10 a.m. and continue until 5 p.m., if necessary, 
depending on the number of speakers. The EPA may end the hearing early 
if all registered speakers have had an opportunity to speak, but no 
earlier than 2 p.m. Persons wishing to present oral testimony that have 
not made arrangements in advance should register by 2 p.m. the day of 
the

[[Page 62340]]

hearing. Oral testimony will be limited to 5 minutes per commenter. The 
EPA encourages commenters to provide written versions of their oral 
testimonies either electronically (on computer disk or CD-ROM) or in 
paper copy. Verbatim transcripts and written statements will be 
included in the rulemaking docket.
    If you want to request a hearing and present oral testimony at the 
hearing, you should notify, on or before November 13, 2007, Pam Long, 
EPA, Office of Air Quality Planning and Standards, Air Quality Policy 
Division, C504-03, Research Triangle Park, NC 27711, telephone (919) 
541-0641, e-mail long.pam@epa.gov. The hearing will be strictly limited 
to the subject matter of the proposal, the scope of which is discussed 
below. Any member of the public may file a written comment by the close 
of the comment period. Written comments should be submitted to Docket 
ID No. EPA-HQ-OAR 2007-0510 at the addresses given above for submittal 
of comments. If a hearing is held, the hearing schedule, including the 
list of speakers, will be posted on EPA's Web page at www.epa.gov/cair. 
A verbatim transcript of the hearing, if held, and written comments 
will be made available for copying during normal working hours at the 
EPA Docket Center address given above for inspection of documents.

V. Availability of Related Information

    The official record for this rulemaking, as well as the public 
version, has been established under Docket ID No. EPA-HQ-OAR-2007-0510 
(including comments and data submitted electronically as described 
below). A public version of this record, including printed, paper 
versions of electronic comments, which does not include any information 
claimed as CBI, is available for inspection from 8:30 a.m. to 4:30 
p.m., Monday through Friday, excluding legal holidays. The official 
rulemaking record is located at the address provided in ADDRESSES at 
the beginning of this document. In addition, the Federal Register 
rulemaking actions and associated documents are located at www.epa.gov/
cair.
    The docket for the rulemaking that promulgated the CAIR FIPs Rule 
is EPA-HQ-OAR-2004-0076. The rulemaking docket for the related CAIR 
(full title, ``Rule to Reduce Interstate Transport of Fine Particulate 
Matter and Ozone'') is EPA-HQ-OAR-2003-0053. The CAIR FIPs and the CAIR 
Federal Register rulemaking actions and associated documents are also 
located at https://www.epa.gov/cair.

VI. What Is the Background for This Action?

    In a final rule published on April 25, 2005 (70 FR 21147), 
effective May 25, 2005, EPA made national findings that States had 
failed to submit SIPs required under section 110(a)(2)(D)(i) of the CAA 
to address interstate transport with respect to the PM2.5 
and 8-hour ozone NAAQS. These SIPs were due in July 2000, 3 years after 
the promulgation of the 1997 PM2.5 and 8-hour ozone NAAQS. 
The national findings started a 2-year clock for EPA to promulgate FIPs 
to address the requirements of section 110(a)(2)(D)(i) in all the 
States. Under section 110(c)(1), EPA may issue a FIP for any such State 
any time after such findings are made and must do so unless a SIP 
revision correcting the deficiency is approved by EPA before the FIP is 
promulgated.
    On May 12, 2005 (70 FR 25162), EPA issued the CAIR, in which it 
determined that emissions from 28 States and the District of Columbia 
(collectively, CAIR States) are contributing significantly to 
nonattainment of the fine particle (PM2.5) and/or 8-hour 
ozone national ambient air quality standards (NAAQS) in downwind 
States. The CAIR also determined the levels of NOX and 
SO2 emissions reduction requirements necessary for CAIR-
affected States to eliminate their significant contribution to downwind 
nonattainment of the 8-hour ozone and PM2.5 NAAQS. (See also 
CAIR revisions on April 28, 2006; 71 FR 25328 and December 13, 2006; 71 
FR 74792.) NOX emissions are precursors to 8-hour and 
PM2.5; SO2 emissions are precursors to 
PM2.5. All CAIR States were required to submit their SIPs to 
satisfy the CAIR requirements by September 11, 2006. For States subject 
to the CAIR requirements, an approved CAIR SIP will satisfy, to the 
extent it is approved, the section 110(a)(2)(D)(i) requirements 
discussed in the April 25, 2005 findings action.
    In a final rule published on April 28, 2006 (71 FR 25328), EPA 
promulgated FIPs as a backstop to implement the CAIR requirements in 
all CAIR States. As the control requirement for the FIPs, EPA adopted 
the model trading rules for EGUs that EPA provided in CAIR as a control 
option for States, with minor changes to account for Federal rather 
than State implementation. The FIPs will regulate EGUs in the affected 
States and achieve the emissions reduction requirements established by 
the CAIR until States have EPA-approved SIPs to achieve the reductions. 
In the FIP preamble, EPA stated it would withdraw the FIPs in a State 
in coordination with the approval of the CAIR SIP for that State. To 
the extent EPA approves a full CAIR SIP for a State, this eliminates 
the basis for CAIR FIP for the State, which EPA promulgated as a result 
of the April 25, 2005 findings.
    In promulgating the FIPs, EPA explained that the FIPs do not limit 
the options available to States to meet the requirements of the CAIR. 
EPA explained that it intended to avoid taking any steps to implement 
FIP requirements that could impact a State's ability to regulate their 
sources in a different manner until a year after the CAIR SIP 
submission deadline (71 FR 25330-25331). EPA further explained that 
States could replace the FIPs requirements at a later time.
    The CAIR FIPs also provide that States may submit ``abbreviated'' 
SIP revisions to replace or supplement specific elements of the FIPs, 
leaving the remainder of the overall FIPs in place, rather than 
submitting full CAIR SIP revisions that replace the FIPs. The 
abbreviated SIP revisions, when approved, will automatically replace or 
supplement the corresponding CAIR FIP provisions. (See 71 FR at 25345-
25346 for further details.) The automatic withdrawal provisions of this 
rule only apply to EPA approval of full CAIR SIPs. This rule does not 
affect the interaction between the abbreviated CAIR SIP provisions and 
the CAIR FIPs (which remain in place following approval of an 
abbreviated SIP).

VII. What Is This Direct Final Rule?

    In this direct final rule, EPA is revising the CAIR FIPs to provide 
that the FIPs will be automatically withdrawn in a State upon the 
effective date of EPA's approval of the State's full CAIR SIP and to 
the extent of that approval. If EPA only partially approves the State's 
full CAIR SIP submittal, then the FIP will be automatically withdrawn 
only to the extent of the partial approval. If EPA conditionally 
approves a full CAIR SIP, this automatic withdrawal provision will have 
no impact on the FIP, which will remain in place pending further action 
by EPA. If necessary, in any action approving a full CAIR SIP, EPA will 
provide additional details regarding the effect of the approval action 
on the status of the FIPs in that State.
    One scenario under which EPA might partially approve and partially 
disapprove a SIP involves full CAIR SIPs on which EPA takes final 
action after EPA has already begun allocating NOX allowances 
under the FIP. For example, if the State submits a SIP that adopts the 
model cap-and-trade programs for EGUs and EPA takes final

[[Page 62341]]

action on the SIP after EPA has allocated NOX allowances for 
2009 under the FIP, but before it has allocated any other allowances, 
EPA likely would disapprove the portions of the SIP relating to the 
allocation of 2009 NOX allowances. The disapproval of the 
2009 NOX allocations would be necessary to prevent excess 
and duplicative NOX allowances from entering the trading 
program. (See Section VI.F.1. of the CAIR FIPs Rule for the schedule 
for recording NOX allocations in sources' accounts (71 FR 
25352))
    Under this scenario, because EPA would disapprove the portions of 
the full CAIR SIP relating to the allocation of 2009 NOX 
allowances, the corresponding portions of the FIP providing EPA with 
authority to allocate 2009 NOX allowances (including the 
authority to allocate NOX allowances from the new unit set-
aside, which would not be allocated by EPA until early 2009) would 
remain in place. However, EPA would approve the remainder of the SIP if 
it were found to be adequate, and thus the remainder of the FIP would 
be automatically withdrawn. There would be no penalties or negative 
consequences for the State associated with this partial SIP 
disapproval, and the State would not need to take any further 
corrective SIP action.
    EPA does not anticipate conditionally approving any full CAIR SIPs. 
However, should EPA do so, EPA will address the impact of the 
conditional approval on the status of the CAIR FIPs in that State at 
that time. At this time, EPA is not proposing to automatically withdraw 
the FIP for a State based on conditional approval of a SIP for that 
State because a conditional approval carries the risk that it will 
convert to a disapproval in 1 year if the State does not address the 
specified conditions by that time.
    The EPA believes it is appropriate to make the CAIR FIP withdrawal 
automatic in a State upon the effective date of the approval of the 
State's full CAIR SIP because once EPA approves a State's full CAIR 
SIP, EPA no longer has authority for the CAIR FIP in that State to the 
extent of that approval. Once the full CAIR SIP is effective and 
sources in the State are subject to the SIP, EPA's withdrawal of the 
appropriate portions of the CAIR FIPs has no practical consequences. 
Further, making the FIP withdrawal automatic upon full CAIR SIP 
approval will provide immediate clarity to affected sources as to their 
control requirements and conserve Agency resources that would otherwise 
be needed to conduct numerous nondiscretionary, noncontroversial FIP 
withdrawal rulemakings.

VIII. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review

    This action is not a ``significant regulatory action'' under the 
terms of Executive Order 12866 (58 FR 51735, October 4, 1993) and is 
therefore not subject to review under the Executive Order.

B. Paperwork Reduction Act

    This action does not impose any new information collection burden. 
This action amends the CAIR FIPs to provide for automatic withdrawal of 
the CAIR FIPs in a State once the State's CAIR SIP is in place. EPA 
believes that the Paperwork Reduction Act (44 U.S.C. 3501 et seq.) 
requirements of the existing CAIR FIPs rule are satisfied through the 
Information Collection Request (ICR) (EPA ICR number 2152.02; OMB 
control number 2060-0570) submitted to the OMB for review and approval 
as part of the CAIR (70 FR 25162-25405) and approved by the OMB in 
September 2005. A copy of the OMB approved Information Collection 
Request (ICR) may be obtained from Susan Auby, Collection Strategies 
Division; U.S. Environmental Protection Agency (2822T); 1200 
Pennsylvania Ave., NW., Washington, DC 20460 or by calling (202) 566-
1672.
    Burden means the total time, effort, or financial resources 
expended by persons to generate, maintain, retain, or disclose or 
provide information to or for a Federal agency. This includes the time 
needed to review instructions; develop, acquire, install, and utilize 
technology and systems for the purposes of collecting, validating, and 
verifying information, processing and maintaining information, and 
disclosing and providing information; adjust the existing ways to 
comply with any previously applicable instructions and requirements; 
train personnel to be able to respond to a collection of information; 
search data sources; complete and review the collection of information; 
and transmit or otherwise disclose the information.
    An agency may not conduct or sponsor, and a person is not required 
to respond to a collection of information unless it displays a 
currently valid OMB control number. The OMB control numbers for EPA's 
regulations in 40 CFR are listed in 40 CFR part 9.

C. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) generally requires an agency 
to prepare a regulatory flexibility analysis of any rule subject to 
notice and comment rulemaking requirements under the Administrative 
Procedure Act or any other statute unless the agency certifies that the 
rule will not have a significant economic impact on a substantial 
number of small entities. Small entities include small businesses, 
small organizations, and small governmental jurisdictions.
    For purposes of assessing the impacts of this rule on small 
entities, small entity is defined as: (1) A small business ``as defined 
by the Small Business Administration's (SBA) regulations at 13 CFR 
121.201;'' (2) a small governmental jurisdiction that is a government 
of a city, county, town, school district or special district with a 
population of less than 50,000; and (3) a small organization that is 
any not-for-profit enterprise which is independently owned and operated 
and is not dominant in its field.
    After considering the economic impacts of this direct final rule on 
small entities, I certify that this action will not have a significant 
economic impact on a substantial number of small entities. This direct 
final rule does not impose new requirements on any entities, but 
instead provides for the automatic withdrawal of the CAIR FIPs in 
certain circumstances. Thus, it does not impose any requirements on 
small entities.

D. Unfunded Mandates Reform Act

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), P.L. 
104-4, establishes requirements for Federal agencies to assess the 
effects of their regulatory actions on State, local, and tribal 
governments and the private sector. Under section 202 of the UMRA, EPA 
generally must prepare a written statement, including a cost-benefit 
analysis, for proposed and final rules with ``Federal mandates'' that 
may result in expenditures to State, local, and tribal governments, in 
the aggregate, or to the private sector, of $100 million or more in any 
1 year. Before promulgating an EPA rule for which a written statement 
is needed, section 205 of the UMRA generally requires EPA to identify 
and consider a reasonable number of regulatory alternatives and adopt 
the least costly, most cost-effective or least burdensome alternative 
that achieves the objectives of the rule. The provisions of section 205 
do not apply when they are inconsistent with applicable law. Moreover, 
section 205 allows EPA to adopt an alternative other than the least 
costly, most cost-effective or least burdensome alternative if the 
Administrator publishes with the final rule an explanation why that 
alternative was not adopted. Before EPA establishes any regulatory 
requirements that may

[[Page 62342]]

significantly or uniquely affect small governments, including tribal 
governments, it must have developed under section 203 of the UMRA a 
small government agency plan. The plan must provide for notifying 
potentially affected small governments, enabling officials of affected 
small governments to have meaningful and timely input in the 
development of EPA regulatory proposals with significant Federal 
intergovernmental mandates, and informing, educating, and advising 
small governments on compliance with the regulatory requirements.
    This rule contains no Federal mandates (under the regulatory 
provisions of Title II of the UMRA) for State, local, or tribal 
governments or the private sector. The rule imposes no enforceable duty 
on any State, local or tribal governments or the private sector; but 
would provide automatic withdrawal of the CAIR FIPs in certain 
circumstances. Thus, this rule is not subject to the requirements of 
sections 202 and 205 of the UMRA.

E. Executive Order 13132: Federalism

    Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August 
10, 1999), requires EPA to develop an accountable process to ensure 
``meaningful and timely input by State and local officials in the 
development of regulatory policies that have federalism implications.'' 
``Policies that have federalism implications'' is defined in the 
Executive Order to include regulations that have ``substantial direct 
effects on the States, on the relationship between the national 
government and the States, or on the distribution of power and 
responsibilities among the various levels of government.''
    This final rule does not have federalism implications. It will not 
have substantial direct effects on the States, on the relationship 
between the national government and the States, or on the distribution 
of power and responsibilities among the various levels of government, 
as specified in Executive Order 13132. This rule imposes no enforceable 
duty on any State, local or tribal governments or the private sector. 
Thus, Executive Order 13132 does not apply to this rule.

F. Executive Order 13175: Consultation and Coordination With Indian 
Tribal Governments

    Executive Order 13175, entitled ``Consultation and Coordination 
with Indian Tribal Governments'' (65 FR 67249, November 9, 2000), 
requires EPA to develop an accountable process to ensure ``meaningful 
and timely input by tribal officials in the development of regulatory 
policies that have tribal implications.'' This direct final rule does 
not have tribal implications, as specified in Executive Order 13175 
because it imposes no enforceable duty on any State, local or tribal 
governments or the private sector. Thus, Executive Order 13175 does not 
apply to this rule.

G. Executive Order 13045: Protection of Children From Environmental 
Health and Safety Risks

    Executive Order 13045: ``Protection of Children from Environmental 
Health Risks and Safety Risks'' (62 FR 19885, April 23, 1997) applies 
to any rule that: (1) Is determined to be ``economically significant'' 
as defined under Executive Order 12866, and (2) concerns an 
environmental health or safety risk that EPA has reason to believe may 
have a disproportionate effect on children. If the regulatory action 
meets both criteria, the Agency must evaluate the environmental health 
or safety effects of the planned rule on children, and explain why the 
planned regulation is preferable to other potentially effective and 
reasonably feasible alternatives considered by the Agency.
    EPA interprets Executive Order 13045 as applying only to those 
regulatory actions that are based on health or safety risks, such that 
the analysis required under section 5-501 of the Order has the 
potential to influence the regulation. This rule is not subject to 
Executive Order 13045 because it does not establish an environmental 
standard intended to mitigate health or safety risks.

H. Executive Order 13211: Actions That Significantly Affect Energy 
Supply, Distribution, or Use

    This rule is not subject to Executive Order 13211, ``Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use'' (66 FR 28355 (May 22, 2001)) because it is not a 
significant regulatory action under Executive Order 12866.

I. National Technology Transfer Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (``NTTAA''), Public Law No. 104-113, 12(d) (15 U.S.C. 272 
note) directs EPA to use voluntary consensus standards in its 
regulatory activities unless to do so would be inconsistent with 
applicable law or otherwise impractical. Voluntary consensus standards 
are technical standards (e.g., materials specifications, test methods, 
sampling procedures, and business practices) that are developed or 
adopted by voluntary consensus standards bodies. The NTTAA directs EPA 
to provide Congress, through OMB, explanations when the Agency decides 
not to use available and applicable voluntary consensus standards.
    This direct final rulemaking does not involve technical standards. 
Therefore, EPA did not consider the use of any voluntary consensus 
standards.

J. Executive Order 12898: Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations

    Executive Order 12898 (59 FR 7629 (Feb. 16, 1994)) establishes 
federal executive policy on environmental justice. Its main provision 
directs Federal agencies, to the greatest extent practicable and 
permitted by law, to make environmental justice part of their mission 
by identifying and addressing, as appropriate, disproportionately high 
and adverse human health or environmental effects of their programs, 
policies, and activities on minority populations and low-income 
populations in the United States.
    EPA has determined that this final rule will not have 
disproportionately high and adverse human health or environmental 
effects on minority or low-income populations because it does not 
affect the level of protection provided to human health or the 
environment. This rule imposes no enforceable duty on any State, local 
or tribal governments or the private sector. It will neither increase 
nor decrease environmental protection.

K. Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this rule and other 
required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A Major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2). This rule will be effective January 16, 2008.

L. Judicial Review

    Under CAA section 307(b), judicial review of this final action is 
available only by filing a petition for review in the U.S. Court of 
Appeals for the District

[[Page 62343]]

of Columbia Circuit on or before January 2, 2008. Under CAA section 
307(d)(7)(B), only those objections to the final rule that were raised 
with specificity during the period for public comment may be raised 
during judicial review. Moreover, under CAA section 307(b)(2), the 
requirements established by this final rule may not be challenged 
separately in any civil or criminal proceedings brought by EPA to 
enforce these requirements.

List of Subjects in 40 CFR Part 52

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Electric utilities, Intergovernmental relations, 
Nitrogen oxides, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur dioxide.

    Dated: October 17, 2007.
Stephen L. Johnson,
Administrator.

0
For the reasons set forth in the preamble, part 52 of chapter I of 
title 40 of the Code of Federal Regulations is amended as follows:

PART 52--[AMENDED]

0
1. The authority citation for part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

Subpart A--General Provisions

0
2. Section 52.35 is revised to read as follows:


Sec.  52.35  What are the requirements of the Federal Implementation 
Plans (FIPs) for the Clean Air Interstate Rule (CAIR) relating to 
emissions of nitrogen oxides?

    (a)(1) The Federal CAIR NOX Annual Trading Program 
provisions of part 97 of this chapter constitute the Clean Air 
Interstate Rule Federal Implementation Plan provisions that relate to 
annual emissions of nitrogen oxides (NOX). Each State that 
is described in Sec.  51.123(c)(1) and (2) of this chapter received a 
finding by the Administrator that the State failed to submit a State 
Implementation Plan (SIP) to satisfy the requirements of section 
110(a)(2)(D)(i)(I) of the Clean Air Act for the PM2.5 NAAQS. 
The provisions of subparts AA through II of part 97 of this chapter, 
regarding the CAIR NOX Annual Trading Program, apply to the 
sources in each of these States that has not promulgated a SIP approved 
by the Administrator as correcting that deficiency. Following 
promulgation of an approval by the Administrator of a State's SIP as 
meeting the requirements of CAIR for PM2.5 relating to 
NOX under Sec.  51.123 of this chapter, these provisions of 
part 97 of this chapter will no longer apply to the sources in that 
State, except to the extent the Administrator's approval of the SIP is 
partial or conditional or unless such approval is under Sec.  51.123(p) 
of this chapter.
    (2) Notwithstanding any provisions of paragraph (a)(1) of this 
section, if, at the time of such approval of the State's SIP, the 
Administrator has already allocated any CAIR NOX allowances 
to sources in the State for any years, the provisions of part 97 of 
this chapter authorizing the Administrator to complete the allocation 
of CAIR NOX allowances for those years shall continue to 
apply, unless the Administrator approves a SIP that provides for the 
allocation of the remaining CAIR NOX allowances for those 
years.
    (b)(1) The Federal CAIR NOX Ozone Season Trading Program 
provisions of part 97 of this chapter constitute the Clean Air 
Interstate Rule Federal Implementation Plan provisions that relate to 
emissions of nitrogen oxides (NOX) during the ozone season, 
as defined in Sec.  97.302 of this chapter. Each State that is 
described in Sec.  51.123(c)(1) and (3) of this chapter received a 
finding by the Administrator that the State failed to submit a State 
Implementation Plan (SIP) to satisfy the requirements of section 
110(a)(2)(D)(i)(I) of the Clean Air Act for the 8-hour ozone NAAQS. The 
provisions of subparts AAAA through IIII of part 97 of this chapter, 
regarding the CAIR NOX Ozone Season Trading Program, apply 
to sources in each of these States that has not promulgated a SIP 
revision approved by the Administrator as correcting that deficiency. 
Following promulgation of an approval by the Administrator of a State's 
SIP as meeting the requirements of CAIR for ozone relating to 
NOX under Sec.  51.123 of this chapter, these provisions of 
part 97 of this chapter will no longer apply to sources in that State, 
except to the extent the Administrator's approval of the SIP is partial 
or conditional or unless such approval is under Sec.  51.123(ee) of 
this chapter.
    (2) Notwithstanding any provisions of paragraph (b)(1) of this 
section, if, at the time of such approval of the State's SIP, the 
Administrator has already allocated any CAIR NOX Ozone 
Season allowances to sources in the State for any years, the provisions 
of part 97 of this chapter authorizing the Administrator to complete 
the allocation of CAIR NOX Ozone Season allowances for those 
years shall continue to apply, unless the Administrator approves a SIP 
that provides for the allocation of the remaining CAIR NOX 
Ozone Season allowances for those years.
    (c) The provisions of this section do not invalidate or otherwise 
affect the obligations of States, emissions sources, or other 
responsible entities with respect to all portions of plans approved or 
promulgated under this part or the obligations of States under the 
requirements of Sec. Sec.  51.123 and 51.125 of this chapter.
    (d)(1) The States with SIPs approved by the Administrator as 
meeting the requirements of CAIR for PM2.5 relating to 
NOX under Sec.  51.123(o) of this chapter are: [STATE NAME].
    (2) The States with SIPs approved by the Administrator as meeting 
the requirements of CAIR for ozone relating to NOX under 
Sec.  51.123(aa) of this chapter, are: [STATE NAME].

0
3. Section 52.36 is revised to read as follows:


Sec.  52.36  What are the requirements of the Federal Implementation 
Plans (FIPs) for the Clean Air Interstate Rule (CAIR) relating to 
emissions of sulfur dioxide?

    (a) The Federal CAIR SO2 Trading Program provisions of part 97 of 
this chapter constitute the Clean Air Interstate Rule Federal 
Implementation Plan provisions for emissions of sulfur dioxide 
(SO2). Each State that is described in Sec.  51.124(c) of 
this chapter is subject to a finding by the Administrator that the 
State failed to submit a State Implementation Plan (SIP) to satisfy the 
requirements of section 110(a)(2)(D)(i)(I) of the Clean Air Act for the 
PM2.5 NAAQS. The provisions of subparts AAA through III of 
part 97 of this chapter, regarding the CAIR SO2 Trading 
Program, apply to sources in each of these States that has not 
promulgated a SIP revision approved by the Administrator as correcting 
that deficiency. Following promulgation of an approval by the 
Administrator of a State's SIP as meeting the requirements of CAIR for 
PM2.5 relating to SO2 under Sec.  51.124 of this 
chapter, these provisions of part 97 of this chapter will no longer 
apply to sources in that State, except to the extent the 
Administrator's approval of the SIP is partial or conditional or unless 
such approval is under Sec.  51.124(r) of this chapter.
    (b) The provisions of this section do not invalidate or otherwise 
affect the obligations of States, emissions sources, or other 
responsible entities with respect to all portions of plans approved or 
promulgated under this part or the obligations of States under the 
requirements of Sec. Sec.  51.124 and 51.125 of this chapter.

[[Page 62344]]

    (c) The States with SIPs approved by the Administrator as meeting 
the requirements of CAIR for PM2.5 relating to 
SO2 under Sec.  51.124(o) of this chapter are: [STATE NAME]

Subpart B--Alabama

0
4. Section 52.54 is revised to read as follows:


Sec.  52.54  Interstate pollutant transport provisions; What are the 
FIP requirements for decreases in emissions of nitrogen oxides?

    (a)(1) The owner and operator of each source located within the 
State of Alabama and for which requirements are set forth under the 
Federal CAIR NOX Annual Trading Program in subparts AA 
through II of part 97 of this chapter must comply with such applicable 
requirements. The obligation to comply with these requirements in part 
97 of this chapter will be eliminated by the promulgation of an 
approval by the Administrator of a revision to the Alabama State 
Implementation Plan (SIP) as meeting the requirements of CAIR for 
PM2.5 relating to NOX under Sec.  51.123 of this 
chapter, except to the extent the Administrator's approval is partial 
or conditional or unless such approval is under Sec.  51.123(p) of this 
chapter.
    (2) Notwithstanding any provisions of paragraph (a)(1) of this 
section, if, at the time of such approval of the State's SIP, the 
Administrator has already allocated CAIR NOX allowances to 
sources in the State for any years, the provisions of part 97 of this 
chapter authorizing the Administrator to complete the allocation of 
CAIR NOX allowances for those years shall continue to apply, 
unless the Administrator approves a SIP provision that provides for the 
allocation of the remaining CAIR NOX allowances for those 
years.
    (b)(1) The owner and operator of each NOX source located 
within the State of Alabama and for which requirements are set forth 
under the Federal CAIR NOX Ozone Season Trading Program in 
subparts AAAA through IIII of part 97 of this chapter must comply with 
such applicable requirements. The obligation to comply with these 
requirements in part 97 of this chapter will be eliminated by the 
promulgation of an approval by the Administrator of a revision to the 
Alabama State Implementation Plan (SIP) as meeting the requirements of 
CAIR for ozone relating to NOX under Sec.  51.123 of this 
chapter, except to the extent the Administrator's approval is partial 
or conditional or unless such approval is under Sec.  51.123(ee) of 
this chapter.
    (2) Notwithstanding any provisions of paragraph (b)(1) of this 
section, if, at the time of such approval of the State's SIP, the 
Administrator has already allocated CAIR NOX Ozone Season 
allowances to sources in the State for any years, the provisions of 
part 97 of this chapter authorizing the Administrator to complete the 
allocation of CAIR NOX Ozone Season allowances for those 
years shall continue to apply, unless the Administrator approves a SIP 
provision that provides for the allocation of the remaining CAIR 
NOX Ozone Season allowances for those years.

0
5. Section 52.55 is revised to read as follows:


Sec.  52.55  Interstate pollutant transport provisions; What are the 
FIP requirements for decreases in emissions of sulfur dioxide?

    The owner and operator of each SO2 source located within 
the State of Alabama and for which requirements are set forth under the 
Federal CAIR SO2 Trading Program in subparts AAA through III 
of part 97 of this chapter must comply with such applicable 
requirements. The obligation to comply with these requirements in part 
97 of this chapter will be eliminated by the promulgation of an 
approval by the Administrator of a revision to the Alabama State 
Implementation Plan as meeting the requirements of CAIR for 
PM2.5 relating to SO2 under Sec.  51.124 of this 
chapter, except to the extent the Administrator's approval is partial 
or conditional or unless such approval is under Sec.  51.124(r) of this 
chapter.

Subpart E--Arkansas

0
6. Section 52.184 is revised to read as follows:


Sec.  52.184  Interstate pollutant transport provisions; What are the 
FIP requirements for decreases in emissions of nitrogen oxides?

    (a)(1) The owner and operator of each NOX source located 
within the State of Arkansas and for which requirements are set forth 
under the Federal CAIR NOX Ozone Season Trading Program in 
subparts AAAA through IIII of part 97 of this chapter must comply with 
such applicable requirements. The obligation to comply with these 
requirements in part 97 of this chapter will be eliminated by the 
promulgation of an approval by the Administrator of a revision to the 
Arkansas State Implementation Plan (SIP) as meeting the requirements of 
CAIR for ozone relating to NOX under Sec.  51.123 of this 
chapter, except to the extent the Administrator's approval is partial 
or conditional or unless such approval is under Sec.  51.123(ee) of 
this chapter.
    (2) Notwithstanding any provisions of paragraph (a)(1) of this 
section, if, at the time of such approval of the State's SIP, the 
Administrator has already allocated CAIR NOX Ozone Season 
allowances to sources in the State for any years, the provisions of 
part 97 of this chapter authorizing the Administrator to complete the 
allocation of CAIR NOX Ozone Season allowances for those 
years shall continue to apply, unless the Administrator approves a SIP 
provision that provides for the allocation of the remaining CAIR 
NOX Ozone Season allowances for those years.
    (b) [Reserved]

Subpart H--Connecticut

0
7. Section 52.386 is revised to read as follows:


Sec.  52.386  Interstate pollutant transport provisions; What are the 
FIP requirements for decreases in emissions of nitrogen oxides?

    (a)(1) The owner and operator of each NOX source located 
within the State of Connecticut and for which requirements are set 
forth under the Federal CAIR NOX Ozone Season Trading 
Program in subparts AAAA through IIII of part 97 of this chapter must 
comply with such applicable requirements. The obligation to comply with 
these requirements in part 97 of this chapter will be eliminated by the 
promulgation of an approval by the Administrator of a revision to the 
Connecticut State Implementation Plan (SIP) as meeting the requirements 
of CAIR for ozone relating to NOX under Sec.  51.123 of this 
chapter, except to the extent the Administrator's approval is partial 
or conditional or unless such approval is under Sec.  51.123(ee) of 
this chapter.
    (2) Notwithstanding any provisions of paragraph (a)(1) of this 
section, if, at the time of such approval of the State's SIP, the 
Administrator has already allocated CAIR NOX Ozone Season 
allowances to sources in the State for any years, the provisions of 
part 97 of this chapter authorizing the Administrator to complete the 
allocation of CAIR NOX Ozone Season allowances for those 
years shall continue to apply, unless the Administrator approves a SIP 
provision that provides for the allocation of the remaining CAIR 
NOX Ozone Season allowances for those years.
    (b) [Reserved]

Subpart I--Delaware

0
8. Section 52.440 is revised to read as follows:

[[Page 62345]]

Sec.  52.440  Interstate pollutant transport provisions; What are the 
FIP requirements for decreases in emissions of nitrogen oxides?

    (a)(1) The owner and operator of each source located within the 
State of Delaware and for which requirements are set forth under the 
Federal CAIR NOX Annual Trading Program in subparts AA 
through II of part 97 of this chapter must comply with such applicable 
requirements. The obligation to comply with these requirements in part 
97 of this chapter will be eliminated by the promulgation of an 
approval by the Administrator of a revision to the Delaware State 
Implementation Plan (SIP) as meeting the requirements of CAIR for 
PM2.5 relating to NOX under Sec.  51.123 of this 
chapter, except to the extent the Administrator's approval is partial 
or conditional or unless such approval is under Sec.  51.123(p) of this 
chapter.
    (2) Notwithstanding any provisions of paragraph (a)(1) of this 
section, if, at the time of such approval of the State's SIP, the 
Administrator has already allocated CAIR NOX allowances to 
sources in the State for any years, the provisions of part 97 of this 
chapter authorizing the Administrator to complete the allocation of 
CAIR NOX allowances for those years shall continue to apply, 
unless the Administrator approves a SIP provision that provides for the 
allocation of the remaining CAIR NOX allowances for those 
years.
    (b)(1) The owner and operator of each NOX source located 
within the State of Delaware and for which requirements are set forth 
under the Federal CAIR NOX Ozone Season Trading Program in 
subparts AAAA through IIII of part 97 of this chapter must comply with 
such applicable requirements. The obligation to comply with these 
requirements in part 97 of this chapter will be eliminated by the 
promulgation of an approval by the Administrator of a revision to the 
Delaware State Implementation Plan (SIP) as meeting the requirements of 
CAIR for ozone relating to NOX under Sec.  51.123 of this 
chapter, except to the extent the Administrator's approval is partial 
or conditional or unless such approval is under Sec.  51.123(ee) of 
this chapter.
    (2) Notwithstanding any provisions of paragraph (b)(1) of this 
section, if, at the time of such approval of the State's SIP, the 
Administrator has already allocated CAIR NOX Ozone Season 
allowances to sources in the State for any years, the provisions of 
part 97 of this chapter authorizing the Administrator to complete the 
allocation of CAIR NOX Ozone Season allowances for those 
years shall continue to apply, unless the Administrator approves a SIP 
provision that provides for the allocation of the remaining CAIR 
NOX Ozone Season allowances for those years.

0
9. Section 52.441 is revised to read as follows:


Sec.  52.441  Interstate pollutant transport provisions; What are the 
FIP requirements for decreases in emissions of sulfur dioxide?

    The owner and operator of each SO2 source located within 
the State of Delaware and for which requirements are set forth under 
the Federal CAIR SO2 Trading Program in subparts AAA through 
III of part 97 of this chapter must comply with such applicable 
requirements. The obligation to comply with these requirements in part 
97 of this chapter will be eliminated by the promulgation of an 
approval by the Administrator of a revision to the Delaware State 
Implementation Plan as meeting the requirements of CAIR for 
PM2.5 relating to SO2 under Sec.  51.124 of this 
chapter, except to the extent the Administrator's approval is partial 
or conditional or unless such approval is under Sec.  51.124(r) of this 
chapter.

Subpart J--District of Columbia

0
10. Section 52.484 is revised to read as follows:


Sec.  52.484  Interstate pollutant transport provisions; What are the 
FIP requirements for decreases in emissions of nitrogen oxides?

    (a)(1) The owner and operator of each source located within the 
District of Columbia and for which requirements are set forth under the 
Federal CAIR NOX Annual Trading Program in subparts AA 
through II of part 97 of this chapter must comply with such applicable 
requirements. The obligation to comply with these requirements in part 
97 of this chapter will be eliminated by the promulgation of an 
approval by the Administrator of a revision to the District of Columbia 
State Implementation Plan (SIP) as meeting the requirements of CAIR for 
PM2.5 relating to NOX under Sec.  51.123 of this 
chapter, except to the extent the Administrator's approval is partial 
or conditional or unless such approval is under Sec.  51.123(p) of this 
chapter.
    (2) Notwithstanding any provisions of paragraph (a)(1) of this 
section, if, at the time of such approval of the District of Columbia's 
SIP, the Administrator has already allocated CAIR NOX 
allowances to sources in the District of Columbia for any years, the 
provisions of part 97 of this chapter authorizing the Administrator to 
complete the allocation of CAIR NOX allowances for those 
years shall continue to apply, unless the Administrator approves a SIP 
provision that provides for the allocation of the remaining CAIR 
NOX allowances for those years.
    (b)(1) The owner and operator of each NOX source located 
within the District of Columbia and for which requirements are set 
forth under the Federal CAIR NOX Ozone Season Trading 
Program in subparts AAAA through IIII of part 97 of this chapter must 
comply with such applicable requirements. The obligation to comply with 
these requirements in part 97 of this chapter will be eliminated by the 
promulgation of an approval by the Administrator of a revision to the 
District of Columbia State Implementation Plan (SIP) as meeting the 
requirements of CAIR for ozone relating to NOX under Sec.  
51.123 of this chapter, except to the extent the Administrator's 
approval is partial or conditional or unless such approval is under 
Sec.  51.123(ee) of this chapter.
    (2) Notwithstanding any provisions of paragraph (b)(1) of this 
section, if, at the time of such approval of the District of Columbia's 
SIP, the Administrator has already allocated CAIR NOX Ozone 
Season allowances to sources in the District of Columbia for any years, 
the provisions of part 97 of this chapter authorizing the Administrator 
to complete the allocation of CAIR NOX Ozone Season 
allowances for those years shall continue to apply, unless the 
Administrator approves a SIP provision that provides for the allocation 
of the remaining CAIR NOX Ozone Season allowances for those 
years.

0
11. Section 52.485 is revised to read as follows:


Sec.  52.485  Interstate pollutant transport provisions; What are the 
FIP requirements for decreases in emissions of sulfur dioxide?

    The owner and operator of each SO2 source located within 
the District of Columbia and for which requirements are set forth under 
the Federal CAIR SO2 Trading Program in subparts AAA through 
III of part 97 of this chapter must comply with such applicable 
requirements. The obligation to comply with these requirements in part 
97 of this chapter will be eliminated by the promulgation of an 
approval by the Administrator of a revision to the District of Columbia 
State Implementation Plan as meeting the requirements of CAIR for 
PM2.5 relating to SO2 under Sec.  51.124 of this 
chapter, except to the extent the Administrator's approval is partial 
or conditional or unless such approval is under Sec.  51.124(r) of this 
chapter.

[[Page 62346]]

Subpart K--Florida

0
12. Section 52.540 is revised to read as follows:


Sec.  52.540  Interstate pollutant transport provisions; What are the 
FIP requirements for decreases in emissions of nitrogen oxides?

    (a)(1) The owner and operator of each source located within the 
State of Florida and for which requirements are set forth under the 
Federal CAIR NOX Annual Trading Program in subparts AA 
through II of part 97 of this chapter must comply with such applicable 
requirements. The obligation to comply with these requirements in part 
97 of this chapter will be eliminated by the promulgation of an 
approval by the Administrator of a revision to the Florida State 
Implementation Plan (SIP) as meeting the requirements of CAIR for 
PM2.5 relating to NOX under Sec.  51.123 of this 
chapter, except to the extent the Administrator's approval is partial 
or conditional or unless such approval is under Sec.  51.123(p) of this 
chapter.
    (2) Notwithstanding any provisions of paragraph (a)(1) of this 
section, if, at the time of such approval of the State's SIP, the 
Administrator has already allocated CAIR NOX allowances to 
sources in the State for any years, the provisions of part 97 of this 
chapter authorizing the Administrator to complete the allocation of 
CAIR NOX allowances for those years shall continue to apply, 
unless the Administrator approves a SIP provision that provides for the 
allocation of the remaining CAIR NOX allowances for those 
years.
    (b)(1) The owner and operator of each NOX source located 
within the State of Florida and for which requirements are set forth 
under the Federal CAIR NOX Ozone Season Trading Program in 
subparts AAAA through IIII of part 97 of this chapter must comply with 
such applicable requirements. The obligation to comply with these 
requirements in part 97 of this chapter will be eliminated by the 
promulgation of an approval by the Administrator of a revision to the 
Florida State Implementation Plan (SIP) as meeting the requirements of 
CAIR for ozone relating to NOX under Sec.  51.123 of this 
chapter, except to the extent the Administrator's approval is partial 
or conditional or unless such approval is under Sec.  51.123(ee) of 
this chapter.
    (2) Notwithstanding any provisions of paragraph (b)(1) of this 
section, if, at the time of such approval of the State's SIP, the 
Administrator has already allocated CAIR NOX Ozone Season 
allowances to sources in the State for any years, the provisions of 
part 97 of this chapter authorizing the Administrator to complete the 
allocation of CAIR NOX Ozone Season allowances for those 
years shall continue to apply, unless the Administrator approves a SIP 
provision that provides for the allocation of the remaining CAIR 
NOX Ozone Season allowances for those years.

0
13. Section 52.541 is revised to read as follows:


Sec.  52.541  Interstate pollutant transport provisions; What are the 
FIP requirements for decreases in emissions of sulfur dioxide?

    The owner and operator of each SO2 source located within 
the State of Florida and for which requirements are set forth under the 
Federal CAIR SO2 Trading Program in subparts AAA through III 
of part 97 of this chapter must comply with such applicable 
requirements. The obligation to comply with these requirements in part 
97 of this chapter will be eliminated by the promulgation of an 
approval by the Administrator of a revisi